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Shawn Rogers Malloy v. Pennsylvania

Paid petition · Superior Court of Pennsylvania, Philadelphia Office, No. 1244 EDA 2020, 1287 EDA 2020 · judgment October 26, 2021


Certiorari denied · May 1, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the prosecution’s retention of, failure to quarantine, and failure to disclose possession of a criminal defendant’s legal strategy notes, prepared with his attorney, violate the defendant’s due process rights under the Fifth and Fourteenth Amendments of the United States Constitution, including as stated in Brady v. Maryland and California v. Trombetta?

  2. Does the prosecution’s retention of, failure to quarantine, and failure to disclose possession of a criminal defendant’s legal strategy notes, prepared with his attorney, violate the defendant’s right to counsel guaranteed by the Sixth Amendment of the United States Constitution, as it is inextricably linked to the protection of attorney-client work product, including as stated in United States v. Nobles?

  3. Does the Pennsylvania trial court’s and appellate courts’ use of a false-in-one, false-in-all standard jury instruction as the sole remedy for prosecutorial misconduct violate the Morrison standard for tailoring remedies in proportion to the constitutional violation?

  4. Does the Pennsylvania trial court’s and appellate courts’ placement of the burden of proof on the criminal defendant related to the prejudice the prosecution’s retention of, failure to quarantine and failure to disclose possession of the defendant’s legal strategy notes prepared with his attorney violate Berger and its progeny?

Counsel of record

For petitioner
Nathan John Schadler
Conway Schadler, LLC

For respondent
Robert M Falin
Montgomery County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 01 2023
    Petition DENIED.
  2. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  3. Mar 06 2023
    Brief of respondent Pennsylvania in opposition filed.
  4. Jan 05 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2023.
  5. Jan 03 2023
    Motion to extend the time to file a response from January 4, 2023 to March 6, 2023, submitted to The Clerk.
  6. Oct 04 2022
    Petition for a writ of certiorari filed. (Response due January 4, 2023)